Cites NTSB Probable Cause Report

The third wrongful death lawsuit to be filed against Hendrick Motorsports following the October 24, 2004 downing of a company aircraft near Martinsville, VA, focuses on the pilots' actions leading up to the accident that claimed the lives of all ten people onboard the King Air 200.

Linda Turner and Wachovia Bank, executors of the estate of accident victim Jeff Turner, are suing the estates of the pilots, as well as Hendrick Motorsports, in North Carolina Superior Court.

Unlike lawsuits filed by the widows of passengers Randy Dorton and Scott Lathram three months ago, Turner's lawsuit focuses specifically on the actions of pilots Richard Tracy and Elizabeth Morrison. The lawsuit cites the National Transportation Safety Board's finding in its Probable Cause report that the pilots failed to follow the proper approach procedures to Martinsville/Blue Ridge Airport.

SceneDaily.com reports Turner's lawsuit alleges Tracy filed an incorrect flight plan, by telling flight service the King Air was equipped with an FAA-certified GPS system approved to fly approaches. The NTSB found the plane's GPS was scheduled to be updated at the end of the racing season to meet the latest standards, but that upgrade had not been carried out at the time of the accident.

In its report (available at the FMI link below), the NTSB cites the pilots' failure to properly execute the published approach procedure into Martinsville as the primary cause for the crash. A contributing factor was the crew's failure to use all available nav aids to fly the approach -- including relying on the GPS to fly the approach.

Turner has also filed a federal lawsuit against the US government, over the actions of the air traffic controllers monitoring the King Air. In the Dorton and Lathram lawsuits, Hendrick Motorsports has also filed a complaint against the controllers.

All three lawsuits have been filed in North Carolina state courts, although they may be moved to federal court, especially if air traffic controllers -- and, by extension, the FAA and the US government -- are listed as defendants. When there are multiple cases, an FAA spokesman said, the cases are typically combined into one... which may prove to be difficult, as all three lawsuits target different aspects.

Lawsuits filed by the Dorton and Turner estates, for example, include the estates of the pilots as defendants -- while the Lathram case does not. Also, the Dorton lawsuit includes an allegation that John Hendrick -- Rick's Hendrick's brother, and president of Hendrick Motorsports -- forced the pilots to attempt the landing so they could make the start of the race, despite poor weather condtions at Martinsville.

Rick Hendrick denies that allegation. John Hendrick and his two daughters, as well as Rick's son Ricky, were among the 10 people who died in the accident.

FMI: Read The NTSB Probable Cause Report